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Yeshiva University, Cardozo School of Law

2017

Torts

Articles 1 - 2 of 2

Full-Text Articles in Law

Doing Away With Battery Law, Anthony J. Sebok Dec 2017

Doing Away With Battery Law, Anthony J. Sebok

Online Publications

Steve Sugarman is one of contemporary tort law’s leading figures, and one feature of his career which stands out is that he is willing to challenge modern orthodoxy. As the title of his classic 1985 article, Doing Away With Tort Law suggests, Sugarman is willing to recommend sweeping changes to private law. In Restating the Tort of Battery, Sugarman offers a proposal almost as radical as his 1985 proposal to get rid of tort law. Although he doesn’t say he wants to get rid of battery, once he is finished “restating” it, it is hard to see what is …


What Is It Like To Think Like A Pre-Modern?, Anthony J. Sebok Feb 2017

What Is It Like To Think Like A Pre-Modern?, Anthony J. Sebok

Online Publications

There are a number of ways to tell the story of the change in American tort law that occurred in the nineteenth and twentieth centuries. Some, like John Witt, Lawrence Friedman, and Mort Horwitz, focus on changes in material conditions. Others, like Richard Posner, Charles Gregory, and Robert Rabin, focus on changes in intellectual or doctrinal beliefs about the nature of tort law, and the best mix of rules to achieve its ends.